Amid a spate of hoax bomb threats to multiple airlines, the IT Ministry has asked social media platforms to observe due diligence obligations and promptly remove or disable access to misinformation within the strict timelines prescribed under IT rules.
The Centre also asserted that apart from removing or disabling access to such misinformation, social media intermediaries have additional liability under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to mandatorily report certain offences perceived to be committed by any user of their platform including those with intent to threaten unity, integrity, sovereignty or security of India.
The Government, in an advisory, reminded social media intermediaries that they are obligated under IT rules to provide information under their control or possession and assist investigative agencies within stipulated timeline of up to 72 hours.
The move assumes significance as more than 275 flights operated by the Indian carriers have received hoax bomb threats in the past 12 days. Most of the threats were issued through social media. On Friday alone, over 25 domestic and international flights operated by Indian carriers received bomb threats.
"In addition to the above, the IT Rules, 2021 obligates the intermediaries to provide information under its control or possession, or assistance to the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents, well within the stipulated timeframes (as soon as possible but not later than 72 hours)," the advisory issued by IT Ministry said.
The advisory said that considering the "serious nature of the situation", the Ministry of Electronics and Information Technology "reminds with emphasis" that all the intermediaries including social media intermediaries must make reasonable efforts to disallow such malicious acts including hoax bomb threats from being disseminated on their platforms.
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The intermediaries including social media intermediaries must observe their due diligence obligations that include the prompt removal or disabling access to such unlawful information specified under the IT Rules, 2021, including hoax bomb threats, well within the strict timelines as prescribed under the IT Rules, 2021.
Government said that Social media intermediaries have a due diligence obligation under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) to promptly remove such misinformation that affects public order and security of the state.
"As part of such due diligence obligations, it is the responsibility of concerned intermediaries including social media intermediaries to promptly take necessary action under the IT Rules, 2021 by not allowing any user to host, display, upload, modify, publish, transmit, store, update or share any unlawful or false information.
"Further, the exemption from liability for any third party information, data, or communication link made available or hosted by social media intermediaries as provided under section 79 of the IT Act shall not apply if such intermediaries do not follow the due diligence obligations as prescribed under the IT Act read with IT Rules, 2021 or abetted or aided, in the commission of the unlawful act," the IT Ministry said.
In case of failure of the intermediaries to observe the due diligence obligations as provided in the IT Rules, 2021, the provision of section 79 of the IT Act shall not be applicable to such intermediary and they shall be liable for consequential action as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita 2023.
"As reported in the news, multiple hoax bomb threats have been received by various airlines operating in India through various means including social media intermediaries during last few days. Airline travellers and security agencies are being affected due to such hoax bomb threats that disrupt the normal course of operations of the Airlines," it said.
The instances of malicious acts in the form of hoax bomb threats to such airlines lead to potential threat to the public order and security of the state, it said adding such hoax bomb threats while affecting a large number of citizens also destabilises the economic security of the country.
"Further, the scale of spread of such hoax bomb threats has been observed to be dangerously unrestrained due to the availability of the option of `forwarding/re-sharing/ re-posting/ re-tweeting' on social media platforms. Such hoax bomb threats are mostly misinformation that is massively disrupting the public order, operations of airlines and security of the airline travellers," it noted.
Civil Aviation Minister K Rammohan Naidu on Friday had assured the government is committed to taking strict action against those behind hoax bomb threats.
Earlier this week, Naidu said the government plans to take legislative actions to deal with instances of bomb threats to airlines, including placing perpetrators of such threats on the no-fly list. The government also pulled up social media platforms Meta and X earlier this week and asked them to share data about hoax bomb threat messages to airlines.